Ombudsman Dmytro Lubinets criticized the new law on forced alienation of land plots during martial law
Recently, the Verkhovna Rada of Ukraine adopted a draft law that simplifies the procedure for allocating land plots for the development of digital infrastructure. However, according to the words ombudsman Dmytro Lubinets, this law contains provisions that may violate human rights, in particular the right to a fair trial.
The new law provides for the possibility of forced expropriation of land plots and other immovable property on grounds of public necessity, in particular for the placement of objects of the defense-industrial complex and infrastructure in the Uzhgorod district of the Zakarpattia region. However, as Lubinets noted, an important and shocking aspect is that the decisions of the Transcarpathian Regional State Administration on forced alienation are not subject to appeal in court or administrative proceedings.
The Ombudsman emphasized that this approach is a direct violation of Article 6 of the Convention on the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to a fair trial. He also noted that this restriction violates Article 55 of the Constitution of Ukraine, which provides the right to appeal decisions in court, as well as Article 1 of Protocol 1 to the Convention, which guarantees the protection of property rights.
Lubinets emphasized that even in conditions of war or state of emergency, the right to appeal to the court cannot be limited, in accordance with Article 64 of the Constitution of Ukraine. He called for a review of the provisions of the law that limit the rights of citizens and drew attention to the need to preserve legal guarantees even in difficult times.
